Schenning v. Devere & Schloegel Lumber Co.
Wisconsin Supreme Court
‘Appeal from a judgment óf the circuit court for Marathon-county: A.'H.Reid,-Circuit Judge.'- In February, 1916, the plaintiffs, copartners doing business at Silver Lake, Kénoshá-cotinty,' made a contract with the defendant corporation,' doing' business in Milwaukee; for the sále óf a certain lot of lumbér then át a mill near' Rib Lake in'Taylor county in the northern part óf the'state.' The milling of the'lumber was tó bé done by a third-person then under contract with…
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‘Appeal from a judgment óf the circuit court for Marathon-county: A.'H.Reid,-Circuit Judge.'- In February, 1916, the plaintiffs, copartners doing business at Silver Lake, Kénoshá-cotinty,' made a contract with the defendant corporation,' doing' business in Milwaukee; for the sále óf a certain lot of lumbér then át a mill near' Rib Lake in'Taylor county in the northern part óf the'state.' The milling of the'lumber was tó bé done by a third-person then under contract with plaintiffs and to be hauled about seven miles to a spur track for shipment. The parts of the contract material here were as…
1Opinion of the CourtEschweiler, J.
The plaintiffs asserted in the complaint and upon the trial that by the action of the parties, including defendant’s delay in ordering the shipment of the hemlock, title to it was to be considered as having passed before the fire and for that reason the loss should be borne by defendant. The trial court, however, held, and we think property, that under the terms of the contract the title was not intended to pass until the plaintiffs ,had performed the duty resting upon them under the contract of loading the same upon cars.
Judgment was directed by the trial court on the ground that the loss…
2Cited by4 opinions
- Sadler MacHinery Co. v. Ohio Nat., Inc.Court of Appeals for the Sixth Circuit · 1953
- Sadler Machinery Co. v. Ohio National, Inc.District Court, N.D. Ohio · 1952
- Jagerson Fuel Co. v. CommissionerUnited States Board of Tax Appeals · 1931
- Tweedle Bros. v. BerlinerOregon Supreme Court · 1961